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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AUNTY G’S JOLLY GOOD MEALS (Trade Mark: Opposition) [2003] UKIntelP o09403 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o09403.html
Cite as: [2003] UKIntelP o09403, [2003] UKIntelP o9403

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AUNTY G’S JOLLY GOOD MEALS (Trade Mark: Opposition) [2003] UKIntelP o09403 (2 April 2003)

For the whole decision click here: o09403

Trade mark decision

BL Number
O/094/03
Decision date
2 April 2003
Hearing officer
Mr J MacGillivray
Mark
AUNTY G’S JOLLY GOOD MEALS
Classes
29, 30
Applicant
Aunty G Limited
Opponent
Netbiz Limited
Opposition
Section 5(2)(b)* (*grounds under Section 3 were also cited originally but later abandoned)

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

Summary

(This was one of two related actions; in the other (see BL O/095/03) the positions of the parties as applicants/opponents were reversed). The opposition was based on the opponents application to register the mark ‘auntie G’ in Classes 29, 30 and 35.

The Hearing Officer first recorded his view that the respective goods were identical.

The difference in the marks, he noted, were the different spellings of the word AUNTY/AUNTIE and the addition of the words JOLLY GOOD MEALS in the applicants’ mark. The Hearing Officer also recorded his view that AUNTIE G was an inherently distinctive mark, deserving of a good penumbra of protection.

On a global appreciation he found a likelihood of confusion and the opposition succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o09403.html